Estate Planning: How to Make Your Wishes Known

In 1920, the passage of the Nineteenth Amendment granted women the right to vote. Since then, we’ve been making our voices heard in the voting booth, at the cash register, and on an increasing number of corporate boards. Yet, far too many of us aren’t taking appropriate steps to maintain a voice in our health care decision-making, even though we know that sometimes the unexpected occurs. So, no matter your age or health condition, it is important to communicate your values and beliefs about the care and extent of life-saving measures that you would like to receive if, at some point, you become incapacitated and are unable to speak for yourself. Advanced medical directives, health care proxies, and power of attorney designations can help make your wishes known.

Advanced Medical Directives

Advanced medical directives, such as living wills and health care proxies, are legal instruments that enable you to make your choices known. A living will allows you to clearly state your wishes about life-sustaining medical treatment. It indicates your wishes regarding the refusal of medical treatment and the specific types of treatments you wish to avoid. It can also be used to help ensure that you receive appropriate treatment in an attempt to prolong your life. It all depends on what you say in your living will. It’s your choice.

Health Care Proxies

A health care proxy, also known as a durable health care power of attorney, enables you to designate someone to make medical and health care decisions for you if you are unable to do so yourself. The person you designate will have broad authority over your care and full access to all of your medical records. Although it may be a challenge to designate someone as your health care proxy, make the best choice you can at that particular point in time. Should your circumstances and relationships change, you can designate a different person by executing another health care proxy later.

Once you’ve consulted an attorney, it’s a good idea to speak with your delegated proxy about your plans and preferences and make sure that he or she is willing to assume this responsibility.

Power of Attorney

Even the most detailed living wills are unlikely to cover every circumstance, so speak to your attorney about both a living will and health care proxy. Having a health care power of attorney gives your proxy the ability to make decisions in the absence of specific written instructions.

Once you have consulted an attorney, it is a good idea to speak with your delegated proxy about your plans and preferences and make sure that he or she is willing to assume this responsibility. If so, provide the person you designate with original, executed versions of all your advanced medical directives, and consider giving copies to your primary doctors. You also may want to keep another signed original on file with your attorney or at your home. Whatever you decide, make sure you have told someone you trust where you have these documents filed.

Keep in mind that laws regarding advanced medical directives vary from state to state. To find out which directives are recognized where you reside, talk to a knowledgeable professional about your estate planning issues. Talking to someone about these details today can help you breathe a lot easier now and in the future. You may also help avoid leaving your loved ones with unnecessary confusion at a difficult time.